A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On July 7, 2011, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court, and on April 24, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act.

[Criminal facts] On September 9, 2017, the Defendant driven a sports vehicle B with alcohol level of 0.176% while under the influence of alcohol level of 0.176%, without obtaining a driver’s license from around 50 meters in a section of approximately 50 meters to front of the same hot spring district, from the roads in front of the non-fluence of the Plaintiff’s hot spring town in Busan, Dongdong-gu, Busan, to the front of the same hot spring district.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined in light of the fact that there was a history of multiple punishments for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the sentencing conditions indicated in the records after the crime.